. >> scott: since the civil war. >> right. the historical case. there are parallels between these kinds of discrimination. here is another difference. in 1967 when the supreme court in loving versus virginia banned gay marriage, in that time, only 16 states retained such a ban. the previous decade plus, 14 states moved away from the bans. we still have a situation where 40 states prohibit same-sex marriage. that may change in four or five years. that is different with the mainstream. >> i would say one of the things that is interesting is how fast public opinion is moving. in the case of interracial marriage in 1967, there were polls showing lower levels of support when the supreme court acted than there are today. there is the fact that many states and one reason is a big regional divide. on the east coast and west coast, there is more sympathy than in the south and middle of the country. >> scott: that goes if they strike down prop 8, they have several options if they strike it down. more or less it is california only option or -- >> there are c